The European Parliament decided not to defend the privileges and immunities of Mario BORGHEZIO (ENF, IT).
Parliament recalled that the issue concerns criminal proceedings pending before the Court of Milan, for statements made during a radio programme, when he commented on the appointment and competence of a new member of the Italian Government, namely the new Minister for Integration (Cécile Kyenge), and advocated ideas founded on superiority and racial or ethnic hatred.
The resolution noted that Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. It also noted that the Court of Justice has held, that, in order to enjoy immunity, an opinion must be expressed by a Member of the European Parliament in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Since the facts of the case indicate that the statements made during the interview have no direct and obvious connection with Mario Borghezio’s parliamentary activities, and since the statements are contrary to Article 21 of the Charter of Fundamental Rights of the European Union, the European Parliament decided not to defend the immunity and privileges of Mario Borghezio.